Federal Money Laundering Cases 2001

• NCJ Number: 189253
• Author(s): Stefan D. Cassella
• Date Published: April 2001
• Length: 178 pages
• Corporate Author: US Dept of Justice
• Sale Source: National Institute of Justice/NCJRS; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This document provides a collection of virtually all the reported judicial decisions related to Federal cases on money laundering and asset forfeiture and is intended as a research tool and guide for Federal prosecutors.

Abstract

The foreword notes that the Money Laundering Control Act of 1986 made it a Federal criminal offense to conduct a financial transaction involving the proceeds of another crime. Amendments in 1988 and 1992 also made it possible for Federal law enforcement to forfeit all property involved in the money laundering offense or in a conspiracy to commit one. Federal courts have issued hundreds of decisions interpreting all significant aspects of the laws themselves and of related issues that arise in litigation. The document presents the cases topically, addressing first the elements of the respective statutes and then other issues such as sentencing that have often arisen in Federal litigation. The first half of the book deals with substantive money laundering. Topics include the meaning of transaction, financial transaction, financial institution, interstate commerce, the knowledge requirement, and proceeds. Additional sections focus on the intent to promote, intent to evade taxes, intent to evade reporting requirements, transportation offenses, sting cases, attempt, aiding and abetting, conspiracy, and joinder and severance. Further topics include statue of limitations, jury instructions, double jeopardy, extradition, extraterritorial jurisdiction, venue, Department of Justice guidelines, attorney prosecutions, attorney fees, admissibility of evidence, and search and seizure. The book’s second half deals with what may be forfeited under the money laundering statutes and focuses on the definition of property involved in an offense, tracing, jury instructions, problems of proof, innocent owner defense in civil cases, criminal forfeiture, excessive fines, double jeopardy, parallel civil forfeiture and criminal prosecution, the use of money laundering forfeiture to recover proceeds, and international money laundering.